Spousal Visas: Processing Times

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Tuesday 21st June 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

The noble Lord has neatly gone on to passports. Across March, April and May, HMPO processed approximately 3 million passport applications, with 98.5% of those processed within the published processing time of up to 10 weeks, and 91% processed within six weeks. It was not a backlog; it was the sheer volume of processing that needed to be done. In terms of workforce reductions, I have made the point before that every organisation should look at becoming leaner and more efficient. That certainly will not be to the detriment of any of the HMPO or processing surges that we see at the moment, where we expect to have the appropriate number of staff for processing.

[Baroness Finlay of Llandaff (CB)]

My Lords, are the Government aware that the Russian Government are using the delays as a form of propaganda by saying that it is the fault of the Ukrainians that other countries cannot get their visas, and that this propaganda is being specifically targeted at South Africa, India and other countries? That information came to me at a meeting I had with five Ukrainian MPs recently.

[Baroness Williams of Trafford (Con)]

The noble Baroness underlines that to have the Ukrainian visa scheme as a priority is absolutely the right thing to do.

Home Office Visas for Ukrainians

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Thursday 10th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

As I said to the noble Lord, Lord Coaker, yesterday, one thing that we will not do is dispense with security checks. But there will be a lot more capacity at VACs for those without passports, because those with passports can now come here and have their biometrics taken here.

[Baroness Finlay of Llandaff (CB)]

Will the Minister please clarify whether the new opening-up of the scheme for those with visas applies to those who do not have family here, but are coming under a sponsorship scheme? Will she say how sponsors are being collated; whether it is correct that it is the Department for Levelling Up that is responsible for all of this, and how it is working with the Home Office; and whether the Government have recruited recently retired Border Force staff, who are expert at spotting problems, to come in and help man, so that we can bring in the thousands of people who otherwise risk dying of cold, apart from anything else?

[Baroness Williams of Trafford (Con)]

As I said to the House yesterday, the humanitarian sponsorship pathway is going to be a DLUHC operation. Obviously, I will be working in close contact with DLUHC. In fact, I was speaking to Richard Harrington this morning, and we will be working closely together to ensure that this sponsorship pathway operates smoothly. On whether the biometrics will be dispensed with for those on that scheme, I cannot answer the noble Baroness, because I am not sure that that has even been decided yet, but I will certainly update her on that.

Ukraine: Refugees

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Tuesday 8th March 2022 Lords Chamber

[Baroness Williams of Trafford (Con)]

I can say to the right reverend Prelate that this scheme is new—only a few days old. I think that I recognised, in my answer to a previous question, that we want people’s generosity—the British people are very generous—to be captured, and I hope that this scheme will be up and running as soon as possible.

[Baroness Finlay of Llandaff (CB)]

My Lords, last Wednesday we were told that the sponsorship scheme would start and were given a telephone number. That number was only for Ukrainians. If you phone in today you are referred to an 0300 number that does not work. Yesterday I was told in the Portcullis House information hub that the department for levelling up, rather than the Home Office, is taking a lead on this. Can the Minister tell the House when there will be a streamlined system of information whereby people who are sponsoring somebody can register that sponsorship and advise the people who are trying to get out of Kyiv?

[Baroness Williams of Trafford (Con)]

The sponsorship scheme, as I have said, should be up and running very shortly, and DLUHC will indeed be the lead department on it. In response to the noble Baroness, I undertake, when there is a number and the scheme is up and running, to come back to the House and give details.

British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Monday 7th June 2021 Grand Committee

[Baroness Williams of Trafford (Con)]

My Lords, I will first answer the question on the citizenship fee from the noble Lord, Lord Ponsonby, because it is at the forefront of my mind. We are doing a Section 55 assessment at this point in time, so that is being reviewed. It will not necessarily change the fee, but nevertheless we are doing that which the court asked of us and doing that Section 55 assessment.

The noble Baroness, Lady Ludford, asked how many children—I presume she means in local authority care—do not have settled status. I am afraid I do not know the answer, but I can tell her that a lot of effort has been made to engage with local authorities to ensure that children whose corporate parent is the state are signed up to the settlement scheme. In any event, should that fail, they would very clearly come under the reasonable excuses category. We are being very pragmatic on the reasonable excuses category; we are taking a sensible approach to people who for reasons of disability, domestic violence or the local authority just not meeting their obligations, for example, would very clearly have come under the category of being able to apply to the EU settlement scheme being in scope of that reasonable excuses framework.

On the right to work and the implications after 1 July, I say to the noble Baroness, Lady Ludford, that landlords are under a duty to do those right-to-work due diligence checks. In line with that pragmatism from the Government, we will give people time, no matter what the issue—whether the right to rent or right to work—to prove their status. I think the time is 28 days, so people will be given time.

On whether the EUSS Covid guidance is being sent out this week, I certainly know it is being sent out. Again, going back to that pragmatism, people who have not been able to get here clearly have more than a reasonable excuse not to have been here.

To answer the question from the noble Baroness, Lady Ludford, yes, the guidance will be updated in the light of the statutory instrument. In line with other issues, we will try to communicate as widely as possible what those people who might be in scope of this statutory instrument will need to do.

Are we going to expand the reasonable excuses? The reasonable excuses guidance is, I think, one of those areas where, as time goes on, we may find that people will suddenly come into scope. We will keep that under review.

On outstanding applications, there is not actually a backlog because they are within three months of application; it is more that they are progressing through the system. About 300,000 applications are estimated to be in scope. I say to the noble Baroness and the noble Lord that that work in progress might concern those who are going through the criminal justice system, and people who do not have national insurance numbers are another set who are in scope. To be pedantic, it is not actually a backlog.

On the British citizens who have been sent letters, I saw the tweet on Saturday—I was at the derby so I did not answer it, but I thought I might give the official answer today. If the noble Baroness looks carefully at the letter, she will see that it very clearly states that if you already have status or indefinite leave to remain then you can ignore the letter. If she refers to the tweet, she will see it. We are criticised when we do not do things and then we are criticised when we have duplications. In this situation, they are duplicates. For the people who do not need to apply, that is clearly stated on the letter.

Citizenship is not retrospectively granted, like much in UK law. It is from the date that their parents get settled status.

I cannot remember what the noble Lord, Lord Ponsonby, asked, but basically, once the EU settlement scheme application submitted by the parent or parents is resolved through a grant of indefinite leave, known under the EU settlement scheme as settled status, which occurs after that birth, it is free of charge.

The noble Baroness, Lady Ludford, asked why the date. It reflects the ending of the grace period, that being the last day on which EEA residents’ rights will exist for those persons resident here by 31 December 2020 and who have not made an application to the EU settlement scheme.

I think I have already attempted to answer the question on the number we expect. It is very difficult to know but, as I said, we are doing all we can to engage with people accessing things such as midwifery services to remind them to secure EU settlement scheme status for themselves and any expected children.

I think I have answered all the questions—I know the noble Baroness, Lady Ludford, is not happy with all the answers, but I think I have answered them all. If there are any supplementary questions, I would be very happy to answer them, given that we have plenty of time.

[The Deputy Chairman of Committees (Baroness Finlay of Llandaff) (CB)]

I have noticed that the noble Baroness, Lady Ludford, would like to ask a supplementary question for clarification. If the Minister is happy, and given the time, I suggest we proceed. I call the noble Baroness, Lady Ludford.

Domestic Abuse Bill

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Committee stage & Committee: 2nd sitting (Hansard) & Committee: 2nd sitting (Hansard): House of Lords
Wednesday 27th January 2021 Lords Chamber

[Baroness Williams of Trafford (Con)]

There is very little of what the noble Baroness said with which I would disagree. The cycle of abuse—whether that cycle is generational or whether it goes from spouse to partner and then reaches down to the children—is ever present and it needs to be broken. I agree that the links between alcohol abuse—not alcohol use but alcohol abuse—and domestic abuse are very well known. On people getting the help they need, it is absolutely clear that support for alcohol or substance misuse should mean that people can access the right services, which are commissioned by local authorities.

The noble Baroness made a point about the domestic abuse commissioner. It has been interesting in these debates that, on the one hand, the independence of the commissioner has been very much promoted, and I totally agree with that. On the other, we are by increment, through the debates in this House, trying to add additional remits and stymie her independence. She is an expert in her field. I know that she will make those links. I talk about troubled families quite a lot in the things that I say. That is because I have seen the way in which multi-agency interventions can be so effective at spotting things such as domestic abuse. The advent of that programme spotted an awful lot of domestic abuse previously unknown—and not only previously unknown but at the heart of the problems that these families were facing. We all know that when a big football match is on, women are quite often hyper-vigilant, knowing that, whatever way the game goes, they will bear the brunt of it—mainly as a result of the use of alcohol.

The noble Baroness also asked me about minimum pricing, which Scotland has introduced. We are keeping it under review as it is implemented in Scotland.

[Baroness Finlay of Llandaff (CB) [V]]

My Lords, I am most grateful to the Minister for what I consider to be a really quite overwhelming response to this set of amendments. We have had a very important debate. I would love to summarise what each person has said, but I am aware that the Committee has other amendments to get on to. I would like to highlight the fact that the toxic trio was launched into our debate on Monday by the noble Lord, Lord Marks of Henley, and picked up again by the noble Baroness, Lady Burt, and it has been the focus around which many people have spoken. I am delighted to hear about the sobriety scheme and sobriety tags being brought in for alcohol-fuelled crime. I was part of that original amendment, some years ago, that allowed the pilot scheme to happen, and have seen the evidence from the US in particular of the efficacy in domestic situations as well. I am grateful in particular to the noble Lord, Lord Brooke of Alverthorpe, for that, and to the noble Lord, Lord Hunt of Kings Heath, for putting local authority services so strongly on the table, with the noble Baronesses, Lady Boycott, Lady Uddin and Lady Wilcox.

Business and Planning Bill

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Monday 13th July 2020 Lords Chamber

[Baroness Williams of Trafford]

I thank all noble Lords for their comments, and their discipline in not repeating the same remarks over and over again.

The noble Lord, Lord Blunkett, made a very good point about how local areas and local partners will cope with all this and their capacity to cope if things go wrong. We have been very clear from the outset that, if things do go wrong, if licensees do not enforce their obligations and the public start to behave in a reckless manner, these places will be closed. The licensing authorities are quite clear about that and have already started to close premises when things have gotten out of hand. Over lockdown, I have spent a lot of time talking to the police on their operational calls. They are very clear that this is a multi-stakeholder approach and that everyone—not only the police, not only the local authorities, but the public and the licensees themselves—has a responsibility to make this work well.

On how this will help the economy, the night-time economy is a very vibrant one, and footfall in town centres can only enhance it. The Government have, however, listened to and sympathised with the concerns around the possibility of associated noise, nuisance, and anti-social behaviour that might occur when a late licence is in existence.

The noble Lord, Lord Blunkett, asked about off-sales. The noble Lord, Lord Hogan-Howe, tells me that in the olden days off-sales were a common occurrence at pubs and are nothing new, but with the advent of off-licences and supermarkets selling alcohol they are not so common anymore.

The noble Baroness, Lady Thornhill, asked about cumulative impact areas. I covered that in my earlier comments.

To recap, the alcohol licensing provisions will allow all licensed premises with an on-sales licence to sell alcohol for consumption off the premises, provided they have not previously been refused permission for off-sales. In the draft of the Bill before the House, licensed premises which are eligible will be bound by a temporary licence condition which limits the hours of trade to the existing hours of operation as the premises’ on-sales licence permits, which can include late licences beyond 11 pm.

However, we recognise the concerns of noble Lords who have spoken to these amendments, and obviously local authorities have had concerns too. That is why we intend to a table an amendment on Report to introduce a standard cessation time of 11 pm for operators to trade under new off-sales permissions.

Both my noble friends Lord Balfe and Lady Stowell of Beeston asked about earlier finish times. If that is the wish then those earlier finish times will certainly be permitted.

The noble Lord, Lord Paddick, asked me why tonight and why at the last minute. I say to the noble Lord that I have worked really hard to make this statement tonight, so to have had it done ahead of Report is an achievement.

The new provisions defined in the amendment that the Government will bring forward will not affect the underlying licences of premises or their conditions. It will provide for new permissions that will apply to the holders of only on-sales licences, as well as to holders of more restrictive dual licences that allow for off-sales for a more restrictive period. The effect of the amendment will be that new permissions will apply only up to 11 pm or when the current licensing hours for that premises end. I reiterate for the benefit of my noble friend Lord Cormack that if it is wished that that will finish earlier—say, 10 pm—that is up to the individual premises concerned.

Crucially, the forthcoming amendment will build on the current set of safeguards previously heard by the House, which can be used to address concerns about crime, disorder and disruption caused by premises operating irresponsibly—to go to the point of the noble Lord, Lord Blunkett. That includes the new expedited review process that I have talked about previously, which allows a local authority to suspend or modify the new off-sales permission within 48 hours and then hold a hearing to decide whether to revoke, suspend or modify the permission within 28 days.

In addition, the police are already empowered under Section 76 of the Anti-social Behaviour, Crime and Policing Act 2014 to issue immediate closure notices to premises if there are reasonable grounds to believe that the use of a particular premises has resulted or is likely to result in nuisance to members of the public or that there has been or is likely to be disorder near the premises which is associated with the use of those premises. I spoke to the Metropolitan Police the other day and they stand ready to use Section 34 and 35 dispersal notices if necessary.

We also intend to publish guidance alongside the Bill that will set out the details of how the new provisions, including the details of the amendment, will apply to premises and local authorities. I hope that addresses the concerns raised by the noble Lords who tabled the amendments and that the noble Lord, Lord Paddick, will be content to withdraw his amendment.

I turn to Amendments 32 and 35, tabled by the noble Lord, Lord Paddick, and the noble Baroness, Lady Pinnock. They relate to the sale of alcohol for consumption in open and glass containers. The Government agree that premises must be responsible for the manner in which they serve alcohol in all circumstances, and that includes minimising the risk of any associated disorder. We will therefore be including recommendations to address issues regarding glassware in the guidance for local authorities and premises that will accompany these provisions. The guidance will encourage the use of closed or non-glass containers such as reusable plastic cups. However, we also recognise that restaurants in particular will benefit from being able to serve alcohol in open containers in outdoor areas that they may use under the provisions in the Bill relating to pavement licences. Premises may have different serving equipment and preferences, and the provisions need to remain flexible to meet business and customer needs. Requiring that alcohol sold in these circumstances must be in a closed container could hinder premises that might want to take advantage of the aims of the Bill. I therefore determine that it would be too prescriptive to specify in the Bill restrictions on the type of containers that can be used for the off-trade permission, and I hope the noble Lord will be content not to move his amendment.

Lastly, the Government are sympathetic to the concerns behind Amendment 45, tabled by the noble Lord, Lord Shipley, and the noble Baroness, Lady Thornhill, regarding the late-night levy. That is why, in April, the Minister for Crime and Policing wrote to the chairs of the licensing committees to ask them to take a more flexible and pragmatic approach during the coronavirus outbreak, while ensuring that the licensing objectives are safeguarded. I am grateful to the licensing authorities for ensuring that the system has continued to operate during this trying time.

Local authorities of course have discretion when considering non-payment or late payment of an annual premises licence fee or a late-night levy charge. While the Licensing Act 2003 requires that the licence be suspended, it is possible to delay when that suspension takes effect. I hope and expect that businesses experiencing difficulties will make the licensing authority aware and that the licensing authority will treat such businesses sympathetically. In his letter, the Minister for Crime further advised authorities to consider delaying any suspension of the licence where the delay in payment or non-payment was related to Covid-19. I hope that that is a reasonable explanation and that the noble Lord will be content not to move his amendment.

[Baroness Finlay of Llandaff [V]]

My Lords, I am most grateful to noble Lords for allowing me to intervene. The speech of the noble Lord, Lord Paddick, was very powerful and I welcome the Minister’s statement. I declare that I chair the Commission on Alcohol Harms.

The chair of the Police Federation of England and Wales recently said that it was “crystal clear” that drunk people were unable to socially distance. But let us not forget that the price of beer in the off trade has fallen by 40% relative to the price of other goods since 2000, and pubs have been unable to match the low price. Publicans see cheap supermarket alcohol as a grave danger both to their commercial interests and to the country’s health, and 83% of publicans believe that supermarket alcohol is too cheap. So what happens about off-sales from supermarkets? If these very cheap, highly promoted sales are not tackled, the plan to revive pubs as social meeting places and for the support they can provide in terms of integrating people and supporting our economy will just fail.

[Baroness Williams of Trafford]

My Lords, the off-sale of cheap alcohol is not a novel concept in terms of the Bill. I totally concur with the noble Baroness’s concerns about the harms of alcohol and about the accessibility of cheap alcohol attracting people who might not have enough money to go to the pub. Ironically, that is why I support pubs: because drinking is done in a much more controlled way. Licensees have an obligation to chuck people out of the pub if they are behaving irresponsibly. Therefore, landlords are prohibited from selling off-sales as well as on-sales to someone who is clearly drunk. It is a good safeguard.

Domestic Abuse

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Wednesday 29th April 2020 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

My Lords, I declare that I am chairing an inquiry into alcohol harms. When will the data on alcohol-fuelled domestic violence during lockdown be made available and collated with sales, given that over half of intimate partner and almost all family homicides in 2014-15 involved alcohol and that the latest research shows that alcohol-fuelled violence is disproportionately clustered in the lowest socioeconomic groups—the people living in particularly difficult situations?

[Baroness Williams of Trafford]

One positive thing to come out of the current pandemic, if there is anything positive to report at all, is the decline in drink-related crimes after hours. However, the noble Baroness is absolutely right that data on the harms of alcohol behind closed doors is yet to be released. I think we will know it retrospectively, and the House will of course be interested in this and all other aspects of domestic violence as time goes on. We will report back to the House on the outcomes of that. So one of the positive things is the lack of violence on our streets, but the downside of that is what is happening inside the home.

Immigration: Refugee Doctors

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Monday 24th February 2020 Lords Chamber

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, our new immigration system will ensure that the UK has the skills it needs, including those of doctors. Our refugee resettlement schemes rightly focus on support for the most vulnerable recognised refugees, and those we resettle are supported to apply their skills in the UK.

[Baroness Finlay of Llandaff (CB)]

My Lords, I declare my interest as a member of a BMA working group to support refugee and asylum-seeking doctors. Given the significant hurdles when people flee with no papers or proof of qualifications and are unable to meet the English language requirements or pay the exam fees they need to register, how have the Government sought co-ordination across all healthcare regulators to ensure refugee doctors and other such professionals can achieve registration and bring their experience and skills to the NHS? Given that UNHCR estimates that over 1,000 people who identify as qualified doctors are stranded in refugee camps—many having been trained, in part, in English, yet only 46 having applied last year to the GMC—can the Minister tell us how many were refused entry last year?

[Baroness Williams of Trafford]

The noble Baroness will know, I am sure, that doctors and nurses are on the shortage occupations list. In that sense, they would not be refused entry, but I completely understand the point she makes about someone who is fleeing who does not have proof of their qualifications. The National Academic Recognition Information Centre is the designated UK agency to help doctors and healthcare professionals get their qualifications recognised by various NHS bodies. Individuals can, I know, apply for a statement of compatibility to have that recognised.

Asylum Seekers: Employment

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Monday 7th October 2019 Lords Chamber

[Baroness Williams of Trafford]

I agree with what most of what the noble Baroness says. Asylum seekers can do voluntary work, which would certainly improve their mental well-being, but I disagree about the benefit to the economy.

[Baroness Finlay of Llandaff (CB)]

My Lords, can I ask the Minister how many of those waiting in the system are healthcare professionals at any level? While they are waiting, are they being provided with English language skills and tuition to enable them to take the examinations they need in order to work subsequently in their own profession?

[Baroness Williams of Trafford]

I do not have disaggregated figures on what types of skills people claiming asylum possess, but I agree with the noble Baroness that anyone settling in this country should have English language proficiency. It is the best route to economic empowerment.

Schools: Free Sanitary Products

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Tuesday 21st May 2019 Lords Chamber

[Baroness Williams of Trafford]

I have tried to relay that issue; I think that the noble Baroness, Lady Burt, asked her Question in the first place precisely to addresses these issues too. These girls are embarrassed and some of them do not come to school because they cannot access these products.

[Baroness Finlay of Llandaff (CB)]

Will the guidance given to educational establishments on procuring sanitary towels, and possibly tampons, include some guidance about the ecological effect of disposal? Will it make sure that, rather than simply going for the cheapest option, girls also go for the least harmful products in terms of environmental destruction?

[Baroness Williams of Trafford]

I am glad that the noble Baroness has raised that point because one of the concerns that will be addressed in the procurement exercise is to see whether there are organisations which can in fact provide the sustainable products she has talked about on a large scale.

Refugees

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Wednesday 20th March 2019 Lords Chamber

[Baroness Williams of Trafford]

I can only say “in due course” at the moment, but I am very happy to meet with her and the Red Cross.

[Baroness Finlay of Llandaff (CB)]

Have the Government undertaken discussions with the banks? The problem is that universal credit is paid to banks, but refugees cannot prove residency and therefore need an alternative system to prove that they are refugees when opening a bank account.

[Baroness Williams of Trafford]

I certainly recognise that bank accounts are a difficulty for refugees. Local authorities were doing a pilot in 19 local authority areas, appointing 35 local authority liaison officers. They are there to give just that type of support, because we recognise that that is an issue.

Mental Health Units: Police Response

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Wednesday 23rd November 2016 Lords Chamber

[Baroness Williams of Trafford]

Seven people with mental health concerns died in police custody in 2015-16 out of 14 deaths in total. That of course is still too many. The number of people with mental health problems in police custody has significantly come down since the Government decreed that nobody with a mental health problem should be held in a police cell but should be taken to a place of safety in every situation where that is possible, and never for children. On the second part of her question, the noble Baroness is absolutely right: training is essential for police officers, not just in combating crime but in knowing the symptoms of somebody with mental health problems.

[Baroness Finlay of Llandaff (CB)]

I declare my interest as chair of the National Mental Capacity Forum. Do the Government agree that in situations in the community where others are at risk because somebody is becoming very violent, it is appropriate to call the police and inappropriate to expect ambulance and other staff to attempt to use any form of restraint? The police are trained and are therefore safer than people using restraint who are not appropriately trained. The College of Policing is actively addressing this issue at the moment through its revised training guidelines.

[Baroness Williams of Trafford]

The noble Baroness is right—restraint is the last possible option. It is certainly not for ambulance staff to deal with someone who is extremely violent and a danger to both themselves and others. So, yes, in rare circumstances the use of Taser will be necessary.

Policing and Crime Bill

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Committee: 4th sitting (Hansard - part one): House of Lords
Wednesday 9th November 2016 Lords Chamber

[Baroness Williams of Trafford]

My Lords, Clause 117 amends the definition of alcohol in Section 191 of the Licensing Act 2003. The current definition of alcohol covers:

“Spirits, wine, beer, cider or any other fermented, distilled or spirituous liquor.”

The clause adds the words “in any state” to this definition. The purpose of this is to ensure that all alcohol, no matter in which form it is sold, is covered by the requirements of the 2003 Act.

In recent years novel products have appeared for sale in licensed premises, such as vaporised alcohol, which is designed to be inhaled either directly from the air or via an inhalation device. To our knowledge, those who have sold this form of alcohol have done so under a premises licence and there have not been problems.

However, in America there is a suggestion that a new product—powdered alcohol— may come on to the market in the near future. We wish to put it beyond doubt that alcohol, whatever form it takes, may be sold only in accordance with a licence under the 2003 Act. It is important that we make this legislative change before powdered alcohol comes on to the market. This clause will ensure that any form of alcohol sold to the public is properly regulated with relevant safeguards in place.

The current system of alcohol licensing, as provided for in the 2003 Act, seeks to promote four licensing objectives. These are: the prevention of crime and disorder; public safety; the prevention of public nuisance; and the protection of children from harm. The 2003 Act also contains a number of criminal offences, including selling alcohol to a child under the age of 18 and selling alcohol without a licence.

This amendment to the definition of alcohol will ensure that the four licensing objectives continue to be met despite innovations in alcohol products, and that the public, especially children, continue to be protected from irresponsible sales of alcohol. The clause will mean that there is no legal ambiguity over whether new forms of alcohol are covered by the Act and need an alcohol licence to be sold.

I recognise the concerns of the noble Lord and the noble Baroness, Lady Finlay. All we know about powdered alcohol is that it is alcohol in a powdered form. There is no evidence on whether it is more harmful than liquid alcohol, and we do not know whether it could be used in more harmful ways. The Government share the noble Lord’s concern that children may be attracted to this product. These are legitimate concerns. However, removing this clause from the Bill will expose an ambiguity in the law that could be exploited by those who seek to argue that these novel forms of alcohol may be sold without a licence. The Government have not sought to ban powdered alcohol because the licensing system contains safeguards to prevent the sale of alcohol to children and to protect the public from irresponsible sales of alcohol.

Powdered alcohol was authorised for sale in the USA in March 2015, although as far as the Government are aware, it is not yet on sale in the USA or elsewhere, including online. A number of states in the USA have banned powdered alcohol amid concerns about underage drinking. If powdered alcohol does come on to the market, the Government will monitor what happens in the USA and the UK, and keep our position under review. We are currently aware of only one company developing this product. It is designed to be mixed with water or a mixer such as orange juice or Coke to make a drink of the normal strength, for example, a single shot of vodka. While the licensed trade and licensing authorities are currently treating vaporised alcohol in the same way as liquid alcohol, the Government wish to ensure that there is no doubt about the legal position.

In considering this change to the definition of alcohol, the Home Office consulted key partners at two workshops held last summer. One included representatives from the Local Government Association, the Institute of Licensing, the police and PCCs, as well as licensing officers from seven licensing authorities. The second workshop included industry partners such as the British Beer and Pub Association, the Association of Convenience Stores, the Wine and Spirit Trade Association and the Association of Licensed Multiple Retailers. In these workshops there was agreement that the legal position of new forms of alcohol should be put beyond doubt. The police and local authorities were keen that licensing and enforcement decisions should be clear, while the industry representatives were keen to see clarity in the law so that alcohol licences continue to operate effectively and efficiently. In conclusion, removing the clause from the Bill would have the opposite effect to the one the noble Lord, Lord Brooke, seeks.

He asked about prisons. It may be helpful to mention that the legislative change does not affect the use of alcohol in prisons, which is prohibited. He asked what consultation we have carried out with health authorities. Home Office officials have discussed powdered alcohol with the Department of Health and Public Health England. No one has raised specific concerns about the potential harm of powdered alcohol and there is no evidence to suggest that this form of alcohol is more harmful than liquid alcohol. However, we will keep this under review if the product enters the market.

[Baroness Finlay of Llandaff]

Does the noble Baroness agree that the question is not whether the form of alcohol—that is, powder or liquid—is more dangerous; it is the quantity of the chemical C₂H₅OH that is the problem? The higher the concentration, the greater the harm, so an ordinary drink spiked with powdered alcohol will be much more harmful than the drink itself because it is a question of dose-related harms.

[Baroness Williams of Trafford]

I cannot disagree with the noble Baroness’s comments about the powdered form of alcohol. However, this obviously depends on what one compares the powder to. Some fairly lethal drinks are available. I am thinking of things such as absinthe, which was banned for years in this country. Every form of alcohol has the potential to do harm. As the relevant product is not yet on the market in this country, we will keep the situation under review.

Housing: Carbon Monoxide Monitoring

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Wednesday 9th December 2015 Lords Chamber

[Baroness Williams of Trafford]

It is up to the tenant to get in touch with the local authority if the regulations have not been complied with. The landlord will have 28 days to do so, within which time a notice will be issued.

[Baroness Finlay of Llandaff (CB)]

Do the Government agree that we need an ongoing public education campaign about the silent killer that is carbon monoxide? It is generated from all fossil fuels and wood and can occur anywhere at all, irrespective of where people live. People going on holiday are at particular risk because their guard is often down. Will the Government accept my congratulations on having begun to do something about raising awareness of carbon monoxide detection?

[Baroness Williams of Trafford]

The Government certainly accept the congratulations. I also thank the noble Baroness for bringing this up during the SI debate. It certainly is a silent killer. I talked at the time about the first sign that you might be suffering from carbon monoxide poisoning being that you had a headache; you might then lie down and the next thing you might be dead. The noble Baroness is quite right.

Smoke and Carbon Monoxide Alarm (England) Regulations 2015

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Monday 7th September 2015 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Communities and Local Government (Baroness Williams of Trafford) (Con)]

These regulations were laid before this House on 16 March 2015. The Energy Act 2013 gives the Secretary of State the power to make regulations requiring landlords of residential premises to install smoke and carbon monoxide alarms. These draft regulations were laid under Section 150 of that Act and Section 250 of the Housing Act 2004.

The draft regulations will require private sector landlords, from 1 October 2015, to have at least one smoke alarm installed on every storey of their rental property which is used as living accommodation, and a carbon monoxide alarm in any room used as living accommodation where solid fuel is used. After that, the landlord must make sure that the alarms are in working order at the start of each new tenancy.

Local authorities will be responsible for enforcing the regulations. An authority will be required to issue a remedial notice to a landlord if it has reasonable grounds to believe that the landlord is in breach. If the landlord fails to comply with the notice, the local housing authority must, if the occupier consents, arrange the necessary action to ensure that the property is compliant. The local housing authority can also levy a civil penalty charge on the landlord of up to £5,000.

The regulations have been brought before this House because the Government want to increase the safety of private sector tenants. Setting a minimum standard for the testing and installation of smoke and carbon monoxide alarms will reduce the risks that tenants face from fire and carbon monoxide poisoning in the home.

Working alarms save lives—in the event of a fire in your home you are at least four times more likely to die if there is no working smoke alarm. Successive Governments and local fire and rescue authorities have made extensive use of non-regulatory approaches to increase the uptake of smoke alarms, including a series of highly effective public campaigns such as Fire Kills and the home fire safety checks. However, private rented sector tenants remain less likely to be protected by a working smoke alarm than any other tenant.

The department has also piloted alternatives to regulative approaches to increase the installation of carbon monoxide alarms. However, there are still high-risk properties without these alarms installed. Carbon monoxide poisoning is a serious and preventable form of poisoning. Each year there are around 40 deaths from accidental carbon monoxide poisoning in England and Wales and in excess of 200 non-fatal cases that require hospitalisation. We estimate that the new regulations will save 26 lives and nearly 700 injuries per year. The majority of landlords act responsibly and protect their tenants with working alarms. However, a minority of private sector landlords have proved resistant to safety advice and recommended best practice. That is why the Government decided that it was necessary to introduce the draft regulations, to protect the tenants of these landlords.

A regulatory approach to the installation of smoke and carbon monoxide alarms was discussed as part of the Government’s discussion paper, Review of Property Conditions in the Private Rented Sector, and the majority of responses were in favour. The regulations aim to increase the safety of tenants by ensuring that they are not subject to death, poisoning or injury by a lack of smoke or carbon monoxide warning alarms.

The Government have funded local fire and rescue authorities to purchase a number of alarms for free distribution to landlords, encouraging all landlords to act responsibly towards their tenants as well as helping them comply with the regulations. Alongside these regulations, the department intends to continue to pursue its non-regulatory solutions in order to boost regular testing and uptake of alarms further across all sectors.

I turn now to the concerns of the Joint Committee on Statutory Instruments. The draft regulations were laid in March, before the Small Business, Enterprise and Employment Act 2015 received Royal Assent. The department, however, acknowledges that, as of 1 July, Ministers are required to include a review provision in secondary legislation that regulates business, or publish a statement of why it is not appropriate to do so. Following this, if the draft regulations are approved by Parliament and made, the department has committed to amending the regulations by adding a review clause at the earliest suitable opportunity.

These regulations prove the Government’s commitment to continue improvement and create a private rented sector that works for us all. I commend the regulations to the Committee.

[Baroness Finlay of Llandaff (CB)]

My Lords, I welcome these regulations, and in speaking to them I do not want to sound too harshly critical, but I fear that the carbon monoxide provisions do not go far enough. As the Minister said, there are on average 40 deaths a year from carbon monoxide poisoning in the home. The figures that I have—and I speak as chair of the All-Party Parliamentary Carbon Monoxide Group—are that more than 4,000 hospitalisations a year are related to carbon monoxide poisoning in one form or another. The problem is that the available figures may seriously underestimate the size of the problem. University College London recently assessed that 6% of the London households it surveyed had a high or very high risk of exposure to carbon monoxide. Public Health England commented in March that,

“the burden of non-fatal accidental CO poisoning in England is higher than the burden from mortality”,

and that,

“the numbers of people admitted to hospital with CO poisoning in England are larger than previously estimated and do not appear to be reducing”.

The cumulative effects of low-level poisoning over time can indeed be lethal and can present as things such as strokes. The All-Party Parliamentary Carbon Monoxide Group, which I co-chair, recommended that,

“the Government should ensure that all coroners’ post mortems routinely test for carboxyhemoglobin … levels”,

to see how many cases are missed. I am grateful to the chief coroner who has had a very useful discussion with myself and others and the Gas Safety Trust, which is now piloting with Public Health England a study to develop a protocol for coroners to test for carbon monoxide at post-mortems so that we get an idea of the size of the problem.

The difficulty with the proposed regulations is that they relate to just over 330,000 private rented homes with solid-fuel-burning appliances, but this would protect only a small number of people—roughly 8.2% of those in private rented accommodation—because there is an equally high risk of carbon monoxide poisoning from other fossil-fuel-burning appliances, not just those that burn solid fuel. The regulations particularly name gas. The data collected from coroners’ reports in the past 19 years show that over 35% of deaths were related to mains gas. The requirement that landlords should install and maintain an audible carbon monoxide alarm in all properties with fuel-burning appliances is laudable; the problem is that it will not protect the remaining 92% of those living in private rented accommodation. Some 4.6 million homes will have other fossil-fuel-burning but not solid-fuel appliances, and are at risk not only from the appliances being badly maintained but from neighbours’ appliances being badly maintained with carbon monoxide leaking through brickwork, through cracks in the walls and cracked flues—and also at risk from some of the cooking practices from some of the families who have come here from abroad, who use tinfoil as a way in which to distribute heat over the top of the gas stove, when therefore the gas does not burn properly but burns to carbon monoxide. In that way, you get very high levels of carbon monoxide at about waist height, which is of course the level of the children’s heads and faces when they are in the kitchen with their mother.

The problem with testing alarms is, of course, that in asking that the alarm is tested every six to 12 months, I and others would like to see the onus on the landlords to test the alarms, and that they be required to do so annually. Can the Minister clarify what “proper working order” means? Does it mean that the sensor is checked and not just the battery? Only last week, a couple in Devon had a narrow escape from death after their alarm failed to register a leak, which was because of a faulty sensor. The problem is that alarms cannot be a substitute for proper installation and maintenance of fossil-fuel-burning appliances across the board.

I also have a concern that social housing is exempt. A Hackney Homes study of over 22,000 local authority homes found almost 5% carbon monoxide instance per thousand households. The study also found 35% of these instances resulted from a defective gas appliance. Therefore, while these regulations are step one, can step two include social landlords and then, after that, include that every home where there is a fossil-fuel-burning appliance, at the time when that appliance is installed, renewed or serviced, must be fitted with a carbon monoxide alarm? It should also be the case that those providing the service are proper registered Gas Safe services, and those selling the appliances should sell the carbon monoxide alarm at cost price, not at the huge mark-up that there is at the moment.

--- Later in debate ---

[Baroness Williams of Trafford]

No, it would not include Airbnb, but it would include those other types of premises that I mentioned. I hope that I have answered all the questions. I beg to move.

[Baroness Finlay of Llandaff]

I was waiting until the Minister had gone through the list of all the different types of accommodation. Could she undertake to ensure that, in particular, all universities have the information circulated to them? The university population comprises a large number of students, who go into privately rented accommodation around the UK, which is of very variable quality. In previous years, at the beginning of the autumn term, which we are now approaching, there have been deaths. On a cold night students have turned the heat on. There was a carbon monoxide problem and they died. They were not solid fuel appliances; they were usually gas appliances. However, in the wake of this important move—it is an important move; the Government have accepted that something has to be done—it would be very helpful if universities were asked specifically to alert students to the dangers and make them carbon monoxide-aware. Charities are doing this but they cannot cover the whole area.

[Baroness Williams of Trafford]

The noble Baroness makes a very valid point. In fact, I remember the first day that my son moved into a student house with a boiler in his bedroom and I was terrified that he was going to die in the middle of the night. It is a really good point, which I shall take back.

Serious Crime Bill [HL]

Debate between Baroness Finlay of Llandaff and Baroness Williams of Trafford

Monday 2nd March 2015 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

Before the noble Baroness sits down—I was waiting in case she covered an area which I think may be important—can she confirm to the House that the guidance about the investigation of a reported case will include the ability to see whether it may be an index case in an area where FGM is being promoted, so that the prevention aspect of discovering one case can be built in and built on so that the community at risk is actively targeted with education and support to try to ensure that the girls at risk who are not yet subject to FGM are more adequately protected?

[Baroness Williams of Trafford]

My Lords, I do not know the ins and outs of particular cases, but I see where the noble Baroness is coming from, which is that there may be learning about raising awareness in the communities involved. She certainly has a point, but perhaps I could write to her in due course.